Court : Gujarat
Reported in : (2002)4GLR3637
..... :52. mr. salve, learned counsel appearing for the medical council of india has, therefore, rightly submitted that under the indian medical council act of 1956 the indian medical council is empowered to prescribe, inter alia, standards of post-graduate medical education. in the exercise of its powers under section 20 read with section 33 the indian medical council has framed regulations which govern post-graduate medical education. these regulations, therefore, are binding and the ..... states cannot, in the exercise of power under entry 25 list hi, make rules and regulations which are in conflict with or adversely impinge upon the regulations framed by the medical council of india for post-graduate medical education. since the standards laid .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)2GLR1684
..... m.s. and diploma course in m.d., m.s. etc., on the basis of merit in accordance with the regulations made under the indian medical council act was valid or it trenched upon entry 66 of list i of the seventh schedule to the constitution. after reviewing the law on the point and ..... and technical institutions.' the parliament has enacted the indian medical council act, 1956 under which medical council of india is constituted. section 33 of the said act empowers the council to make regulations with previous sanction of the state government generally to carry out the purposes of the act. the indian medical council, pursuant to section 33 has made certain regulations ..... by the gujarat university are repugnant to or encroaching upon or are in conflict with the regulations framed by the medical council of india in exercise of powers conferred on it under section 33 of the indian medical council act. by framing rules 4 & 7, what is done by the gujarat university is to prescribe sources of admission .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj196; (1961)GLR304
..... make the method of proof adopted, proper. it is only in this type of cases that the principle laid down by the privy council in , applies. that principle does not apply to cases where the evidence act permits only one method of proof. in such cases that method of proof and no other can be adopted to prove relevant facts.21 ..... best, such a certificate would have a corroborative value but it is not a substantive piece of evidence from which an opinion of the medical expert can he proved of established. section 45 of the evidence act provides that when the court has to form an opinion upon a point of science or art, opinions on that point of persons specially ..... in the contention that in view of the privy council decision in , no objection can be taken for the first time in appeal when the objection is based on a non-compliance with the provisions of the evidence act in part ii relating to proof.23. the evidence act does not make a medical certificate relevant except in some special cases such as .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj88; (1962)0GLR204
..... in entry 65 of list i. there are, in fact, a number of such institutions such as the indian council of agricultural research, indian agricultural research institute, indian veterinary research institute indian council of medical research, indian institute of sugar technology, central rice research institute and institute of hygiene and public health. finally entry 66 of ..... , 'unless exempted therefrom'. this construction is borne out by section 22 (2) (xi) which specifically empowers, amongst other things, the academic council constituted under the act 'to make regulations prescribing the manner for granting exemptions from approved courses of studies in the university or in affiliated colleges for qualifying for degrees, ..... in our conclusion the construction and content of section 4(27), the next question is whether the insertion to section 38-a into the act by act iv of 1961 can make any difference in regard to the question of the power of the university. reading the new section, it would .....
Tag this Judgment!Court : Gujarat
Reported in : [1964]54ITR241(Guj)
..... namely : 'whether, on the facts and in the circumstances of the case, the assessee-trust is entitled to exemption under section 4(3)(i) of the indian income-tax act, 1922 ?' 6. the definition of what is a charity is one which is not a definition that it would receive in ordinary parlance. as has often ..... carrying on scientific and other industrial researches and also by giving donations to establish similar institutions in baroda city; (g) by grants for public health and medical relief in villages. 3. the clause gave power to the trustees to apply the corpus of the said trust fund or any portion thereof as they may ..... presidency including cambay state within its geographical limits in gujarat without distinciton of caste, creed or colour in the advancement of education, commerce, industry, public health and medical relief and particularly : (a) by establishing and maintaining a good and well-equipped hospital at baroda or nearby; (b) by establishing and maintaining either an industrial .....
Tag this Judgment!Court : Gujarat
Reported in : [1965]58ITR360(Guj)
..... trust or other legal obligation wholly for charitable purposes on the basis of the statutory definition that 'charitable purpose' includes relief of the poor, education, medical relief and the advancement of any other object of public utility and the second, exempting income derived from property held under trust or legal obligation wholly ..... applied in india. he drew our attention to the warning uttered by the privy council in relying on english cases on the subject of charity while applying the language of the indian statute to circumstances emerging under conditions of indian life and contended that whatever might be the validity of this test in england, ..... as a public trust. the application was, however, withdrawn on 2nd november, 1953. the assistant charity commissioner thereupon started a suo motu inquiry under the act, but before this inquiry was concluded, the roza committee made another application for registration of the wakf to the charity commissioner on 28th april, 1955. in .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj49
..... trust or other legal obligation wholly for charitable purposes on the basis of the statutory definition that 'charitable purpose' includes relief of the poor education, medical relief and the advancement of any other object of public utility and the second, exempting income derived from property held under trust r legal obligation wholly ..... applied in india. he drew our attention to the warning uttered by the privy council in relying on english cases on the subject of charity while applying the language of the indian statute to circumstances emerging under conditions of indian life and contended that whatever might be the validity of this test in england, ..... registered as a public trust. the application was however, withdrawn on 2nd november 1953. the assistant charity commissioner thereupon started a suo motu inquiry under the act but before this inquiry was concluded, the roza committee made another application for registration of the wakf to the charity commissioner on 28th april 1955. in .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)GLR958; (1970)ILLJ417Guj
..... it is not clear how they are relevant for considering the applicability of s. 161, indian penal code. what the privy council was construing in the decision was the language of s. 270(1) of the act and to some extent the language of s. 197 of the code of criminal procedure. it was not considering the language of s. 161 ..... though the examination itself be such an act. the test may well be whether the public servant, if challenged, can reasonably ..... such as to lie within the scope of his official duty. thus a judge neither acts not purports to act as a judge in receiving a bribe, though the judgment which he delivers may be such an act : nor does a government medical officer act or purport to act as a public servant in picking the pocket of a patient whom he is examining, .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)6GLR958
..... necessary ingredients of the section would be fulfilled. mr. shelat submitted that the bombay case was not rightly decided and in support of that argument he relied on the privy council decision in albert west meads v. the king . there the question was whether sanction of the central government was necessary in respect of certain offences for which an army ..... this under cover of his duty to prepare a correct panchnama and a correct report and there is no escape from the conclusion that the acts by which the office under section 218 of the indian penal code was alleged to have been committed by the appellant were done by him under colour of a duty laid down him by the ..... such as to lie within the scope of his official duty. thus a judge neither acts nor purports to act as a judge in receiving a bribe though the judgment which he delivers may be such an act: nor does a government medical officer act or purport to act as a public servant in picking the pocket of a patient whom he is examining, .....
Tag this Judgment!Court : Gujarat
Reported in : [1968]70ITR503(Guj)
..... held under trust or other legal obligation wholly for charitable purposes on the basis of the statutory definition that 'charitable purpose' includes relief of the poor, education, medical relief and advancement of any other object of general public utility and the second, exempting income derived from property held under trust or other legal obligation wholly for ..... paragraph of the section. now it is well-settled as a result of the decisions of the privy council in in re trustees of the tribunal and all india spinners association v. commissioner of income-tax that the indian statute must be construed on its actual words and is not to be governed by english decisions on ..... that the education be increased in the community and to give necessary help for that.(3) to give medical help to the community.(4) to do other acts beneficial to the community.(5) to do all acts, according to the capacity, so that unity and brotherhood is increased in the community and life of every member - brother and .....
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